Lucante v. Kyker

The appellant, Jerry Lucante, raises two issues on appeal. First, the appellant argues that its experts’ affidavits fulfilled the “similar specialty” presuit compliance requirement of section 766.102(5), Florida Statutes. Second, the appellant argues that the appellees waived any issue regarding presuit compliance because the appellees failed to specifically plead these issues. Because the issue regarding waiver is dispositive, this Court declines to address the meaning of the phrase “similar specialty” found in section 766.102(5). We reverse the trial court’s final judgment.

“Compliance with…